High Court action against Nuneaton Rugby Club has begun after a rival club accused them of using an illegal overseas player to help them achieve promotion last season.

The Evening Telegraph reported earlier this week that the Nuns were being taken to the High Court in London by New Brighton RFC in a legal battle to see points deducted from them.

The Nuneaton club secured promotion to Division Two from Division Three North last season with the help of ex-Coventry Tongan international fly-half Elisi Vunipola.

But the 31-year-old was sent back to Tonga earlier this month after his work permit expired in the first week of May and he did not make any further visa application.

Now, runners-up New Brighton RFC - who finished two points behind Nuneaton - are claiming Nuneaton recruited Vunipola without a valid work permit.

At the High Court yesterday, Nicholas Stewart QC, acting for the Wirral club, also accused the Rugby Football Union of refusing to do anything about it.

He said Nuneaton's claims that they had treated Vunipola as an amateur player were a "dishonest sham."

The RFU - the principal defendant in the case - said it would be too much of an administrative problem to deduct the points from Nuneaton.

But Mr Stewart described that problem as "non-existent or exaggerated" and said the RFU was "contractually obliged" to punish Nuneaton under the official rules and regulations.

Mr Stewart said New Brighton had played by the rules, and Nuneaton had breached the rules.

He added: "So far as disruption or difficulty are concerned, New Brighton obviously accept them willingly and Nuneaton are the club which has broken the rules."

Michael Beloff QC, for the RFU, said New Brighton had not followed the correct complaints procedure and taken too long to bring the matter to the attention of the authorities. Mr Beloff said it would cause too much disruption to plans for the new season should New Brighton be promoted instead of Nuneaton.

David Worster, for Nuneaton, said the club acted in "good faith" and were innocent of any deliberate wrongdoing and would appeal if New Brighton were successful.

He said: "It was no secret that Vunipola was playing for Nuneaton - he was in the programmes and on the match cards filled in after every match and sent back to the RFU."